HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.40290 OF 2022

ORDER:

Heard Sri M. Ram Mohan Reddy, learned counsel appearing on behalf of the petitioner and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of respondents.

2. The petitioner filed the present writ petition seeking the following relief “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the action of the 4^th respondent in issuing proceedings vide Ref. No. RG I/CF1223/2022/600 dated 05.12.2022, refusing to consider the case of the petitioner’s son, Sri. D. Raju for appointment under medical invalidation scheme as per Circular issued by the Respondent Company dated 09.03.2018, having declared medically unfit and terminated the petitioner from service from 07.12.2013 now making allegations without issuance of any charge sheet or conducting enquiry and without giving any opportunity to the petitioner and without furnishing vigilance report, depriving petitioner’s son dependent employment as illegal, unjust contrary to law arbitrary, amounts to unfair labour practice, in violation of principles of natural justice and violative of Articles 14, 16 and 21 of the Constitution of India and grant all consequential benefits and to pass…”.

3. The case of the petitioner, in brief, is that the petitioner was appointed as a Badli Filler with the respondent company on 23.09.1981 and later promoted as a Coal Cutter on 07.12.2013, the petitioner was declared medically unfit and was terminated from service after the petitioner refused an alternative post due to health issues. Being illiterate, the petitioner applied for dependent employment for his son, Dommeti Raju on 10.05.2014, under the medical invalidation scheme, submitting the necessary documents. However, the company rejected the request, alleging that the petitioner’s original name was Muramjodu Rajeshwar Rao and that the petitioner had secured employment under the name Dommeti Laxmaiah, making the petitioner’s son ineligible and the petitioner’s monetary benefits, including Rs.12.5 lakhs and Rs.15,712 (MMC), were also withheld. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:

(A) The relevant portion of the impugned proceedings of the respondent No.4 vide Ref. No. RG I / CF1223/ 2022/

600 dated 05.12.2022 issued to the petitioner is extracted hereunder:

“You are hereby informed that for the Dependant employment of your Son Dommeti Raju W.P.No.40290 of 2022 has been filed before the Hon’ble High Court for the State of Telangana. The Hon’ble Court directed vide I.A.No.1 of 2022, dated 02.11.2022 to reconsider the dependent employment application. In view of the said orders, the application is reconsidered and in the enquiry it is noticed that you were not in the employment by your original name viz., Muramjodu Rajeswarao Rao, S/ o. Kanakaiah, Rajipet Village but was in employment by name Dommeti Lakshmaiah, and as such no dependent employment can be given. Apart from this you are not entitled for the monetary benefit of one time lumpsum amount of Rs.12.5 lakhs and MMC amount of Rs.15,712/ -. Please take notice accordingly.”

B) The relevant portion of the order of this Court dated 21.08.2019 passed in W.P.No.904 of 2019 filed by one Meraka Madanaiah pertaining to a similar subject issue as involved in the present writ petition is extracted hereunder:

“This Court, having considered the rival submissions, is of the considered view that the impugned order was passed without proper application of mind and without giving any opportunity to the petitioner. When the petitioner had worked with the respondents for more than thirty years, the respondents have not raised the issue that the petitioner has impersonated and secured employment deceitfully with the respondents. It is only after the petitioner being retired under medical invalidation scheme, the respondents rej